AP Gov Need to Know 2

Mr Motz, quiz on 9/29/26

Freedom of religion and expression (BoR)

Which amendment and what does it do?

1: Separation of church and state; you can criticize government

Right to bear arms (BoR)

Which amendment and what does it do?

2: You can own a firearm for the defense of yourself and the state

Quartering troops (BoR)

Which amendment and what does it do?

3: You cannot be forced to house and feed soldiers

Search and seizure (BoR)

Which amendment and what does it do?

4: The government must have probable cause and a warrant to search you or your property for evidence of a crime

Remain silent, double jeopardy (BoR)

Which amendment and what does it do?

5: You cannot be forced to testify in court against yourself, you cannot be changed for the same crime twice.

Trial by jury in criminal cases (BoR)

Which amendment and what does it do?

6: You must be found guilty beyond a reasonable doubt by 12 of your peers, not just one judge, for committing a crime.

Trial by jury in civil cases (BoR)

Which amendment and what does it do?

7: You must be found guilty beyond a reasonable doubt by 12 of your peers, not just one judge, in the case of suing or being sued.

Excessive bail, cruel and unusual punishment (BoR)

Which amendment and what does it do?

8: Punishments must fit the crime and cannot be inhumane

Unlisted rights (BoR)

Which amendment and what does it do?

9: Essentially says, “these are not all of your rights”

Powers reserved to states (BoR)

Which amendment and what does it do?

Powers not listed in the Constitution belong to the states (marriage, education, criminal law, etc.)

Bill of Rights

The BofR was specifically designed to protect individual liberties and rights. The first 10 amendments, wanted by the anti-federalists (and many federalists)

Civil Liberties

Protections against arbitrary (without reason) government interference with individual rights (L,L,&P)

• Prohibition of Bills of Attainder

• Habeas Corpus

• Due Process

Judicial Review

Judicial review is the power of a court to decide whether a law or decision by the government is constitutional.

Free Exercise Clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

Establishment Clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

Symbolic Speech

Actions that purposefully and discernibly convey a particular message or statement to those viewing it.

Libel

Defamation written, printed, posted online, or published in mass media

Slander

Defamation spread orally

Prior Restraint

Censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression.

Capital Punishment

Death Penalty

Selective Incorporation

The Bill of Rights amendments (1-10) will be incorporated when a supreme court case rules that the amendment applies to a case, rather than all at once when they are ratified.

The 3rd, 5th, and 7th remain non-incorporated.

Due Process

The gov’t cannot deprive anyone of life, liberty, or property without fair legal rules and established procedures.

14th Amendment Due Process Clause

No state may “deprive any person of life, liberty, or property, without due process of law.”

Miranda Rights

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”

Self Incrimination

self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution.

Engel v. Vitale

Case: Can public schools play a role in promoting religious (Christian) values through the daily recitation of prayer?

Verdict: 6-1, no (Engel)

Established: The Court ruled that school-sponsored prayer was unconstitutional because it violated the Establishment Clause.

Wisconsin v. Yoder

Case: Free exercise of the religious beliefs of the Amish community.

Verdict: 7-0, they are allowed to exercise their religion. (Yoder)

Established: The government’s interest in educating children is not absolute, and it cannot overcome the First Amendment right to free exercise of religion.

Tinker v. Des Moines

Case: Does a prohibition against the wearing of armbands in public school as a form of symbolic speech violate the students’ freedom of speech protections guaranteed by the First Amendment?

Verdict: 7-2, in favor of wearing the armbands (Tinker)

Established: The justices said that students retain their constitutional right to freedom of speech while in public schools. They said that wearing the armbands was a form of speech, because they were intended to express the wearer’s views about the Vietnam War.

New York Times v. US

Case: How much power does the government have to prevent the media from publishing sensitive information?

Verdict: 6-3, in favor of NYT

Established: It is very difficult for the government to prevent information from being published, even in situations where national security may be at issue.

Schenck v. US

Case: Did Schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment free speech rights? (he passed out anti-war flyers)

Verdict: 9-0, in favor of US

Established: It allowed Congress to authorize the punishment of speech based on both its content and viewpoint.

McDonald v. Chicago

Case: Does the Second Amendment right to keep and bear arms apply to state and local governments through the 14th Amendment and thus limit Chicago’s ability to regulate gun.s?

Verdict: 5-4, in favor of McDonald

Established: All gun laws, including state and federal laws, must adhere to the Second Amendment in order to be constitutional.

Gideon v. Wainwright

Case: Does the Sixth Amendment’s right to counsel (a lawyer) in criminal cases extend to defendants in state courts, even in cases in which the death penalty is not at issue?

Verdict: 9-0, for Gideon (yes)

Established: Any persons convicted of a crime may request and be provided a lawyer.

Right to Assembly (ex.)

Peaceful protests, debates

Right to Petition (ex.)

You may sign a petition to be sent to the government to express your opinions

Substantive Due Process (ex.)

Substantive due process is the principle that the Fifth and Fourteenth Amendments of the U.S. Constitution protect fundamental rights from government interference.

Procedural Due Process (ex.)

The U.S. Constitution requires that federal and state governments abide by certain procedures to protect the essential interests of all people within the United States.

Exclusionary Rule (ex.)

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. Mapp v. Ohio

Implied Right to Privacy (ex.)

In Lawrence, the Supreme Court used the Fourteenth Amendment to extend the right to privacy to "persons of the same sx [who choose to] engage in . . . sxual conduct."

In Eisenstadt, the Supreme Court decided to extend the right to purchase contraceptives to unmarried couples.

Time, Place and Manner Restrictions (ex.)

The College may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the ordinary activities of the College.

PATRIOT Act (consq.)

Expansion of government surveillance, increased power for law enforcement, decreased personal privacy

Freedom Act (consq.)

Ended mass collection of phone data

Stellar Wind (consq.)

A secret data collection program made by the government.

Significant portions of the memo remain redacted in the newly released version, and that doubts and questions about its legality persist

Griswold v. Connecticut (consq.)

Case: A married couple sought advice about contraception from a Planned Parenthood employee named Griswold. Connecticut law criminalized providing counseling to married people for the purpose of preventing conception.

Verdict: The Supreme Court ruled that the Connecticut law violated the Constitution because it invaded the privacy of married couples to make decisions about their families.

Established: The Court identified privacy as an important value, fundamental to the American way of life and to the other basic rights outlined in the Bill of Rights

Roe v. Wade (consq.)

Case: Does the U.S. Constitution protect the right of a woman to obtain an abortion?

Verdict: 7-2, in favor of Roe (yes)

Established: The immediate impact of the decision in Roe v. Wade was the striking down of laws that banned or severely restricted abortions in 30 states, including Texas. This ruling was later overruled.

Dobbs v. Jackson Women’s Health (consq.)

Case: Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?

Verdict: The Constitution does not confer a right to abortion; overruled Roe v. Wade.

Established: Overruled Roe v. Wade.

Lemon v. Kurtzman (consq.)

Case: Private and parochial schools could be reimbursed for certain educational expenses, and Lemon was against it.

Verdict: 8-0, in favor of Lemon

Established: Lemon test (secular purpose, effect, entanglement)

Mapp v. Ohio (xtra)

Case: Mapp’s building was illegally searched without a warrant, and had illegal material inside. She was arrested, but did the police have the right to use evidence obtained illegally?

Verdict: 5-3, in favor of Mapp

Established: The prosecution is not allowed to present evidence that law enforcement secured during a search that was unconstitutional under the Fourth Amendment.

DC v. Heller (xtra)

Case: Do the provisions of the District of Columbia Code that restrict the licensing of handguns and require licensed firearms kept in the home to be kept nonfunctional violate the Second Amendment?

Verdict: 5-4, in favor of Heller

Established: Banning handguns, an entire class of arms that is commonly used for protection purposes, and prohibiting firearms from being kept functional in the home, the area traditionally in need of protection, violates the Second Amendment.

Riley v. California (xtra)

Case: Was the evidence admitted at trial from Riley's unlawfully seized and searched cell phone discovered through a search that violated his Fourth Amendment right to be free from unreasonable searches?

Verdict: 9-0, in favor of Riley (it was not allowed)

Established: Police generally cannot search the digital data on a cell phone without a search warrant, even if the phone is seized during a lawful arrest.

Employment Division v. Smith (xtra)

Case: Can a state deny unemployment benefits to a worker fired for using illegal drugs (peyote) for religious purposes?

Verdict: 6-3, yes

Established: The Free Exercise Clause does not mean that you can just “break laws” for religious purposes.

Morse v. Frederick (xtra)

Case: 1) Does the First Amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs (a sign that said “B0ng Hits 4 Jesus) at school-supervised events?

Verdict: 5-4, yes

Established: School officials can prohibit students from displaying messages that promote illegal drug use.

Brandenburg v. Ohio (xtra)

Case: Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments?

Verdict: 8-0, no

Established: The criminal syndicalism act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action. The failure to make this distinction rendered the law overly broad and in violation of the Constitution.

Miranda v. Arizona (xtra)

Case: Does the Fifth Amendment’s protection against self-incrimination extend to the police interrogation of a suspect?

Verdict: 5-4, The Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody.

Established: The Miranda Warning

Casey v. Planned Parenthood of Pennyslvania (xtra)

Case: Can a state require women who want an abortion to obtain informed consent, wait 24 hours, if married, notify their husbands, and, if minors, obtain parental consent, without violating their right to abortion as guaranteed by Roe v. Wade?

Verdict: 5-4, for Planned Parenthood

Established: A new standard to determine the validity of laws restricting abrtions. The new standard asks whether a state ab0rtion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an ab0rtion before the fetus attains viability."

Hyde Amendment (xtra)

Bans federal funding for most abortions through programs like Medicaid

BOE of Independent School District 92 of Pottawatomie County v. Earls

Case: Is the Student Activities Drug Testing Policy, which requires all students who participate in competitive extracurricular activities to submit to drug testing, consistent with the Fourth Amendment?

Verdict: 5-4, the policy is constitutional

Established: Drug testing is schools for extracurricular activities is allowed

New York Rifle Association v. Bruen

Case: Does New York's law requiring that applicants for unrestricted concealed-carry licenses demonstrate a special need for self-defense violate the Second Amendment?

Verdict: 6–3, that the Second Amendment protects an individual's right to carry a handgun in public for self-defense.

Established: Any modern firearm regulation must match the historical tradition of gun regulation in the United States.